amaduga wrote:akhurshid wrote:Non custodial sentence are considered spent after 3 years if that is the only problem you had.
That was it, a monetary fine and 6 points on my driving licence. Can you link to a tangible source? The Annex D link above is a listed guideline on the government website and it says 5 years for a fine to be considered spent.
Page 10 in your link of Chapter 18 Anex D link states:
A fine will be considered a “non-custodial offence or other out of court disposal that
is recorded on a person’s criminal record” (i.e. line 4 in Table 2.1).
Even where a person does not have a fine within the last three years, the decision maker may still conclude that a person is not of good character – and therefore refuse an application – if they have received multiple disposals of this kind that show a pattern of offending.
And page 14 and 15 shows:
3.8 Considering Cumulative, Non-Custodial Sentences
Decision makers may still refuse an application where a person’s record shows a
‘non-custodial offence or other out of court disposal’ older than 3 years, if the circumstances of the conviction or disposal call the person’s character into question.
The factors the decision maker should consider include, but are not restricted to:
(a) The number of non-custodial sentences or other out of court disposals on the applicant’s record. There is no set number of non-custodial sentences or disposals that would lead to an application being refused. However, the higher the number the more likely it is the application will be refused.
(b) The period over which offences were committed or other disposals occurred. Decision makers should consider whether the offences or other disposals indicate a pattern of behaviour that could justify a refusal. For example, a series of minor offences or disposals may indicate sustained anti- social behaviour or disregard for the law which will be relevant to the assessment of the person’s character.
(c) The nature of the offences or the behaviour that led to other disposals.
Decision makers should look at the nature of the offences involved, or the behaviour that led to an out of court disposal. For example behaviour involving anti-social behaviour, drug use, or violence may well indicate that a person’s character is such that their application should be refused (particularly if there is a pattern of such behaviour). In contrast isolated minor incidents such as traffic violations will not normally in themselves indicate that a person is of bad character. However, each application must be considered individually.
(d)Any other historical or recent convictions. Decision-makers should bear in mind that their task is to make an overall assessment of a person’s character,
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so older non-custodial sentences or out of court disposals may be relevant if
there are other more serious convictions. Decision makers should look to see if the older non-custodial sentences or out of court disposals are relevant to their assessment of a person’s character when looked at alongside other more serious or recent convictions or out of court of disposals.
(e) Other factors. Decision makers should take into account any other factors that are relevant to a person’s character, such as the particular circumstances in someone’s life when they received the non-custodial sentence or the other out of court disposal occurred or positive evidence of their good character despite their record.
(f) Age. Decision makers should take into account a person’s age at the time older non-custodial sentences were imposed or other out of court disposals took place. Isolated youthful indiscretions will not generally indicate a person is of bad character if that individual has clearly been of good character since that time.
At all times decision makers should remember that each case will depend on its individual circumstances and must be determined on its own merits.
Seniors can tell you better, here's my take:
If this is the only offence you made in UK, you might want to request a reconsideration, or wait two years.
But I'd wait for seniors to shed light on it. Best of luck
